16 U.S.C. § 3101 — Congressional statement of purpose

Page 2231 TITLE 16—CONSERVATION § 3101 Sec. 3214. Alaska gas pipeline. 3215. Public land entries in Alaska. SUBCHAPTER VII—NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS 3231. Areas subject to national need recommenda- tion process. 3232. Recommendations of President to Congress. 3233. Expedited Congressional review. Executive Documents EX. ORD. NO. 13580. INTERAGENCY WORKING GROUP ON CO- ORDINATION OF DOMESTIC ENERGY DEVELOPMENT AND PERMITTING IN ALASKA Ex. Ord. No. 13580, July 12, 2011, 76 F.R. 41989, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an interagency working group to coordinate the efforts of Federal agencies responsible for overseeing the safe and respon- sible development of onshore and offshore energy re- sources and associated infrastructure in Alaska and to help reduce our dependence on foreign oil, it is hereby ordered as follows: SECTION 1. Policy. Interagency coordination is impor- tant for the safe, responsible, and efficient development of oil and natural gas resources in Alaska, both onshore and on the Alaska Outer Continental Shelf (OCS), while protecting human health and the environment, as well as indigenous populations. A number of executive de- partments and agencies (agencies) are charged with en- suring that resource development projects in Alaska comply with health, safety, and environmental protec- tion standards. To formalize and promote ongoing interagency coordination, this order establishes a high- level, interagency working group that will facilitate coordinated and efficient domestic energy development and permitting in Alaska while ensuring that all appli- cable standards are fully met. SEC. 2. Establishment. There is established an Inter- agency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska (Work- ing Group), led by the Department of the Interior. SEC. 3. Membership. (a) The Deputy Secretary of the Interior shall serve as Chair of the Working Group and coordinate its work. The Working Group shall also in- clude deputy-level representatives or officials at the equivalent level, designated by the head of the respec- tive agency, from: (i) the Department of Defense; (ii) the Department of Commerce; (iii) the Department of Agriculture; (iv) the Department of Energy; (v) the Department of Homeland Security; (vi) the Environmental Protection Agency; and (vii) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. (b) The Domestic Policy Council shall work closely with the Chair of the Working Group and assist in the interagency coordination functions described in section 4 of this order. To maximize coordination with Na- tional Security Policy Directive-66 (NSPD-66), ‘‘Arctic Region Policy;’’ Executive Order 13547 of July 19, 2010 (‘‘Stewardship of the Ocean, Our Coasts, and the Great Lakes’’); the National Response Framework; the Na- tional Oil and Hazardous Substances Pollution Contin- gency Plan (National Contingency Plan); and other rel- evant Federal policy initiatives, the Working Group shall also include deputy-level representatives or offi- cials at the equivalent level, designated by the head of the respective agency or office, from: (i) the Council on Environmental Quality; (ii) the Office of Science and Technology Policy; (iii) the Office of Management and Budget; and (iv) the National Security Staff. (c) The Working Group shall consult with other agen- cies and offices, as appropriate, in order to facilitate the sharing of information and best practices. (d) Members of the Working Group shall meet peri- odically and on a schedule coordinated with significant milestones in the various permitting cycles. Staff from the participating agencies shall meet as appropriate to facilitate the functions of the Working Group. SEC. 4. Functions. Consistent with the authorities and responsibilities of participating agencies, the Working Group shall perform the following functions: (a) facilitate orderly and efficient decisionmaking re- garding the issuance of permits and conduct of environ- mental reviews for onshore and offshore energy devel- opment projects in Alaska; (b) ensure that the schedules and progress of agency regulatory and permitting activities are coordinated appropriately, that they operate efficiently and effec- tively, and that agencies assist one another, as appro- priate; (c) facilitate the sharing of application and project information among agencies, including information re- garding anticipated timelines and milestones; (d) ensure the sharing and integrity of scientific and environmental information and cultural and tradi- tional knowledge among agencies to support the permit evaluation process of onshore and offshore energy de- velopment projects in Alaska; (e) engage in longterm planning and ensure coordina- tion with the appropriate Federal entities related to such issues as oil spill prevention, preparedness and re- sponse, and the development of necessary infrastruc- ture to adequately support energy development in Alas- ka; (f) coordinate Federal engagement with States, local- ities, and tribal governments, as it relates to energy development and permitting issues in Alaska, includ- ing: (i) designating a primary point of contact to facili- tate coordination with the State of Alaska; (ii) designating a primary point of contact to facili- tate coordination with local communities, govern- ments, tribes, co-management organizations, and simi- lar Alaska Native organizations; (g) collaborate on stakeholder outreach; and (h) promote interagency dialogue with respect to communications with industry regarding Alaska off- shore and onshore energy development and permitting issues. SEC. 5. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) The Department of the Interior shall provide ad- ministrative support for the Working Group to the ex- tent permitted by law. (c) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. [Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.] SUBCHAPTER I—GENERAL PROVISIONS § 3101. Congressional statement of purpose (a) Establishment of units In order to preserve for the benefit, use, edu- cation, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally signifi- Page 2232 TITLE 16—CONSERVATION § 3102 cant natural, scenic, historic, archeological, ge- ological, scientific, wilderness, cultural, rec- reational, and wildlife values, the units de- scribed in the following titles are hereby estab- lished. (b) Preservation and protection of scenic, geo- logical, etc., values It is the intent of Congress in this Act to pre- serve unrivaled scenic and geological values as- sociated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, includ- ing those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and ar- cheological sites, rivers, and lands, and to pre- serve wilderness resource values and related rec- reational opportunities including but not lim- ited to hiking, canoeing, fishing, and sport hunt- ing, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain op- portunities for scientific research and undis- turbed ecosystems. (c) Subsistence way of life for rural residents It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific prin- ciples and the purposes for which each conserva- tion system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way of life to continue to do so. (d) Need for future legislation obviated This Act provides sufficient protection for the national interest in the scenic, natural, cultural and environmental values on the public lands in Alaska, and at the same time provides adequate opportunity for satisfaction of the economic and social needs of the State of Alaska and its peo- ple; accordingly, the designation and disposition of the public lands in Alaska pursuant to this Act are found to represent a proper balance be- tween the reservation of national conservation system units and those public lands necessary and appropriate for more intensive use and dis- position, and thus Congress believes that the need for future legislation designating new con- servation system units, new national conserva- tion areas, or new national recreation areas, has been obviated thereby. (Pub. L. 96–487, title I, § 101, Dec. 2, 1980, 94 Stat. 2374.) Editorial Notes REFERENCES IN TEXT The following titles, referred to in subsec. (a), mean titles II to XV of Pub. L. 96–487, Dec. 2, 1980, §§ 201–1503, 94 Stat. 2377–2551. For complete classification of these titles to the Code, see Tables. This Act, referred to in subsecs. (b) to (d), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–487, § 1, Dec. 2, 1980, 94 Stat. 2371, provided that: ‘‘This Act [enacting this chapter, sections 410hh to 410hh–5, 460mm to 460mm–4, 539 to 539e, and 1285b of this title, and sections 1631 to 1641 and 1784 of Title 43, Public Lands, amending sections 410bb, 1274, 1276, 1279, and 1280 of this title and sections 1602, 1606, 1607, 1611, 1613, 1614, 1620, and 1621 of Title 43, enacting provisions set out as notes under this section and sections 431, 668dd, 1132, 1274, and 3145 of this title and sections 1605, 1613, and 1618 of Title 43, and amending provisions set out as notes under sections 1611 and 1613 of Title 43 and preceding section 21 of Title 48, Territories and Insular Possessions] may be cited as the ‘Alaska National In- terest Lands Conservation Act’.’’ § 3102. Definitions As used in this Act (except that in titles IX and XIV the following terms shall have the same meaning as they have in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and the Alaska Statehood Act)— (1) The term ‘‘land’’ means lands, waters, and interests therein. (2) The term ‘‘Federal land’’ means lands the title to which is in the United States after De- cember 2, 1980. (3) The term ‘‘public lands’’ means land situ- ated in Alaska which, after December 2, 1980, are Federal lands, except— (A) land selections of the State of Alaska which have been tentatively approved or val- idly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Terri- tory of Alaska or the State under any other provision of Federal law; (B) land selections of a Native Corporation made under the Alaska Native Claims Set- tlement Act [43 U.S.C. 1601 et seq.] which have not been conveyed to a Native Corpora- tion, unless any such selection is determined to be invalid or is relinquished; and (C) lands referred to in section 19(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1618(b)]. (4) The term ‘‘conservation system unit’’ means any unit in Alaska of the National Park System, National Wildlife Refuge Sys- tem, National Wild and Scenic Rivers Sys- tems, National Trails System, National Wil- derness Preservation System, or a National Forest Monument including existing units, units established, designated, or expanded by or under the provisions of this Act, additions to such units, and any such unit established, designated, or expanded hereafter. (5) The term ‘‘Alaska Native Claims Settle- ment Act’’ means ‘‘An Act to provide for the settlement of certain land claims of Alaska Natives, and for other purposes’’, approved De- cember 18, 1971 (85 Stat. 688), as amended [43 U.S.C. 1601 et seq.]. (6) The term ‘‘Native Corporation’’ means any Regional Corporation, any Village Cor- poration, any Urban Corporation, and any Na- tive Group. (7) The term ‘‘Regional Corporation’’ has the same meaning as such term has under section 3(g) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(g)].